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Calcutta High CourtFAT/282/2020dismissed for non prosecution

Krishnendu Adak v. Smt Moulekha Adak(Maity)

2022-08-31Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar1 pages

31.08.2022 SL No.4 Court No.8 (gc) FAT 282 of 2020 CAN 1 of 2021 Shri Krishnendu Adak Vs.

Smt. Moulekha Adak (Maity) Mr. Suman Sankar Chatterjee, ...for the Appellant.

Learned Counsel for the appellant submits that he has received a written instruction from the appellant dated 29th August, 2022 with a clear instruction to withdraw the matrimonial appeal as the parties have agreed to file a mutual divorce case before the Trial Court. In the communication, it is stated that an application under Section 13B of the Hindu Marriage Act, 1955 being case No.22/2022 has been filed before the learned Court having jurisdiction.

In view of the aforesaid, the appeal and the connected application stand dismissed for nonprosecution.

The original letter of instruction dated 29th August, 2022 is kept with the record.

The department is directed to communicate this order to the respondent by speed post with acknowledgment due within one week from date. LCR if arrived to be returned along with a copy of this order. (Uday Kumar, J.) (Soumen Sen, J.)